H 3539 {Rat #87, Act #71 of 2021} General Bill, By Davis and Martin
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 47-4-65 SO AS TO PROHIBIT THE TRANSPORTATION OF LIVE SWINE ON A PUBLIC ROAD OR
 WATERWAY WITHOUT AN OFFICIAL FORM OF IDENTIFICATION, AND TO PROVIDE AN
 EXCEPTION AND PENALTIES; TO AMEND SECTION 50-16-25, RELATING TO THE UNLAWFUL
 RELEASE OF PIGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TRANSPORT A LIVE
 MEMBER OF THE FAMILY SUIDAE TAKEN FROM THE WILD; AND TO REPEAL SECTION
 50-9-655 RELATING TO PIG TRANSPORT AND RELEASE PERMITS. - ratified title

   12/16/20  House  Prefiled
   12/16/20  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/12/21  House  Introduced and read first time (House Journal-page 231)
   01/12/21  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 231)
   02/17/21  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 3)
   02/23/21  House  Member(s) request name added as sponsor: Martin
   02/23/21  House  Amended (House Journal-page 21)
   02/23/21  House  Read second time (House Journal-page 21)
   02/23/21  House  Roll call Yeas-98  Nays-2 (House Journal-page 23)
   02/24/21  House  Read third time and sent to Senate
                     (House Journal-page 15)
   02/24/21  Senate Introduced and read first time (Senate Journal-page 7)
   02/24/21  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 7)
   03/30/21  Senate Committee report: Favorable Agriculture and
                     Natural Resources (Senate Journal-page 5)
   04/22/21  Senate Amended (Senate Journal-page 34)
   04/22/21  Senate Read second time (Senate Journal-page 34)
   04/22/21  Senate Roll call Ayes-45  Nays-1 (Senate Journal-page 34)
   04/29/21  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 9)
   05/04/21  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 72)
   05/04/21  House  Roll call Yeas-112  Nays-0 (House Journal-page 72)
   05/05/21  House  Reconsidered (House Journal-page 63)
   05/06/21  House  Senate amendment amended
   05/06/21  House  Returned to Senate with amendments
                     (House Journal-page 22)
   05/06/21  House  Roll call Yeas-103  Nays-2 (House Journal-page 27)
   05/11/21  Senate Non-concurrence in House amendment
                     (Senate Journal-page 32)
   05/11/21  Senate Roll call Ayes-0  Nays-44 (Senate Journal-page 32)
   05/12/21  House  House recedes from amendment(s) (House Journal-page 60)
   05/12/21  Senate Ordered enrolled for ratification
                     (Senate Journal-page 26)
   05/13/21         Ratified R  87
   05/17/21         Signed By Governor
   06/01/21         Effective date  05/17/21
   06/01/21         Act No.  71

(A71, R87, H3539)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-4-65 SO AS TO PROHIBIT THE TRANSPORTATION OF LIVE SWINE ON A PUBLIC ROAD OR WATERWAY WITHOUT AN OFFICIAL FORM OF IDENTIFICATION, AND TO PROVIDE AN EXCEPTION AND PENALTIES; TO AMEND SECTION 50-16-25, RELATING TO THE UNLAWFUL RELEASE OF PIGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TRANSPORT A LIVE MEMBER OF THE FAMILY SUIDAE TAKEN FROM THE WILD; AND TO REPEAL SECTION 50-9-655 RELATING TO PIG TRANSPORT AND RELEASE PERMITS.

Be it enacted by the General Assembly of the State of South Carolina:

Transport of live swine without identification prohibited

SECTION    1.    Chapter 4, Title 47 of the 1976 Code is amended by adding:

"Section 47-4-65.    (A)    It is unlawful to transport live swine on a public road or waterway within the State unless the swine have an official form of identification approved by the State Veterinarian and are transported in such a way that the swine is visible. Live swine transported without identification are presumed to have been taken from the wild and in violation of Section 50-16-25.

(B)    It is unlawful for a person to misuse or alter a permit, tag, or other form of identification or attempt to obtain a permit, tag, or form of identification by fraud or misrepresentation. A person is deemed to have misused identification by using the identification that was not assigned to them or assigned to another owner, knowingly providing identification to a person other than the owner of the swine, or by engaging in any other activity to circumvent the provisions of this section.

(C)    Absent an official form of identification, it is unlawful to transport live swine on a public road or waterway within this State unless accompanied by a document that may be presented in lieu of an official form of identification, including a dated bill of lading, invoice, receipt, bill of sale, or similar document showing the quantity of swine to be sold or transported and the name of the wholesale producer or dealer from whom the live swine were purchased or received.

(D)    Live swine that do not leave the premises of the swine owner are not subject to the identification requirement.

(E)    A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, is subject to the penalty prescribed in Section 47-4-130. Each violation constitutes a separate offense.

(F)    Notwithstanding Chapter 3, Title 22, magistrates court has jurisdiction over actions arising under this section."

Transport of swine taken from the wild prohibited

SECTION    2.    Section 50-16-25 of the 1976 Code is amended to read:

"Section 50-16-25.    (A)    It is unlawful to:

(1)    import, possess, buy, sell, offer for sale, transfer, or transport a live member of the family Suidae (pig) taken from the wild; or

(2)    release a live member of the family Suidae (pig) into the wild.

(B)    Each pig imported, bought, sold, offered for sale, possessed, transferred, transported, or released in violation of this section constitutes a separate offense.

(C)    The department may seize and destroy any pig obtained pursuant to this section."

Transport and release permits repealed

SECTION    3.    Section 50-9-655 of the 1976 Code is repealed.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor and is repealed on July 1, 2024.

Ratified the 13th day of May, 2021.

Approved the 17th day of May, 2021.